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2.0

EO 14165 § 5 directs DHS to end “catch and release” and detain "illegal aliens" until removal

  1. Original Date Announced

    January 20, 2025

    Section 5 of Presidential EO "Securing Our Borders" directs DHS to "take all appropriate actions to detain, to the fullest extent permitted by law, aliens apprehended for violations of immigration law until their successful removal from the United States." Section 5 also directs DHS to "issue new policy guidance or propose regulations regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as 'catch-and-release,' whereby illegal aliens are routinely released into the United States shortly after their apprehension for violations of immigration law."

    Trump 2.0 [ID #1381]

    2025.01.20 EO 14165 - Securing Our Borders
  2. Effective Date

    January 20, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Presidential Orders
Subject Matter: Detention Border Interior
Agencies Affected: DHS

Associated or Derivative Policies

Commentary

  • 2025.02.03 Some migrants arrested in Trump's immigration crackdown have been released back into the U.S. - NBC

    NBC reports that some of the more than 8,000 immigrants arrested by federal agents since Jan. 20th have been released from ICE custody. Citing space constraints in detention facilities and legal constraints on indefinite detention, ICE has instead enrolled some in the Alternatives to Detention program, despite the Trump administration's stated ban on "catch and release" policies. The report notes most of these releases appear to involve people arrested in the interior rather than those encountered at the border where the "catch and release" directive was largely focused.

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  • 2025.02.05 "ICE releases some migrant detainees as its detention facilities reach 109% capacity" - CBS News

    ICE is reportedly releasing some migrant detainees, at times dozens per day, as the Trump Administration's enforcement policies have caused ICE facilities to reach 109% capacity across its network of for-profit prisons and county jails. The release of detainees appears a temporary solution to addressing overcrowding; ICE has stated that it will request additional funding from Congress to build 14 new detention sites that can hold up to 1,000 detainees each. ICE officials have further stated that they are working to execute removal orders more quickly to mitigate overcrowding.

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  • 2025.02.06 Trump's ICE limits illegal immigrant releases amid moves to shake off Biden ‘hangover’ - Fox News

    ICE has implemented stricter limits on detention releases, requiring acting ICE director Caleb Vitello to personally sign off and approve any release of person in custody. As ICE works to shed what officials call the "Biden hangover," the White House confirmed that only 460 of more than 8,000 arrested immigrants have been released. An ICE official says releases will drop under stricter controls.

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